Higher-Risk Buildings – Building Control Approval – Construction Leadership Council

Higher-Risk Buildings – Building Control Approval

Introduction

A Higher-Risk Building (HRB) has at least 7 storeys or is at least 18 metres high and contains 2 or more residential units, or is a hospital or care home. Guidance on the criteria for being a HRB can be found here.

The Building Safety Regulator (BSR) became the Building Control Authority for HRB’s in England on 1 October 2023.

Building Control Approval is a statutory requirement for building work on HRBs, as set out in The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023. These regulations, along with The Building Safety Act 2022, The Building Act 1984 and The Building Regulations 2010, establish a framework for building control in HRBs.

Under the new Building Safety Regime for a new HRB, an applicant must pass through 3 gateway points: Planning (Gateway 1) (hospitals and care homes are excluded from the definition of a relevant building); Building Control Approval (Gateway 2); and Building Control Completion (Gateway 3).

CLC Guidance

The Government, BSR and industry are committed to deliver buildings and facilities that are safe for those who live and work in them. In Spring 2025, the CLC established a joint BSR and industry Task and Finish Group to review the project journey through the building control process to improve the quality/consistency of the industry applications and speed up the timescale for responses from the Regulator.

The CLC has now published guidance relating to the Building Control Approval application process for a new HRB. This guidance was developed by the CLC, BSR and industry experts. The guidance aims to provide the baseline principles to guide those involved in submitting and assessing applications for Gateway 2 applications.

The guidance suite is summarised in one document CLC Guidance Suite – Building Control Approval Application for a New Higher-Risk Building (Gateway 2). In addition, quick links are provided to specific sections – click on the relevant heading below:

Guidance Note 01 – The Building Safety Regime for a new Higher-Risk Building – Summary process map of the building safety regime process for a Building Control Approval Application for a new Higher-Risk Building.
Guidance Note 02 – Sufficient Level of Design – Approach to the sufficient level of design detail for a Gateway 2 Building Control Approval application.
Guidance Note 03 – Approval with Requirements – Approach and management of the use of Approval with Requirements for a Gateway 2 Building Control Approval application.
Guidance Note 04 – Application Information Schedule – Baseline design information to be submitted for a Gateway 2 Building Control Approval application. This includes an example Information Schedule.
Guidance Note 05 – Application Project Brief – The use and submission of an Application Project Brief for a Gateway 2 Building Control Approval application. This includes an example Project Brief.
Guidance Note 06 – Application Document Management and Submission – Best practice for document management and submission to the Building Safety Regulator online portal for a Gateway 2 Building Control Approval application. This includes an example Folder Structure and Contents Schedule.
Guidance Note 07 – Application Strategy for a Single Building Staged Application or Applications for a Multi-Building Development – The use and submission of an Application Strategy for a staged building control approval application or applications for multiple buildings within a single development. This includes an example Application Strategy.

The principles supporting a clear and comprehensive application for Building Control Approval are common for all types of building work. Therefore, the guidance suite may also be useful for Building Control Approval Applications for work in an existing HRB, in particular category A work. Some of the elements may also be relevant for category B work.

This guidance suite will evolve over time to incorporate new subject areas, and any lessons learned as feedback is received from both the BSR and industry.

Build UK guidance is also available in relation to the Validation of Applications for Building Control Approval.

Wider Guidance

The following tables summarise latest information and guidance for Gateways 1 and 2 for HRBs. Tables will be updated and expanded alongside ongoing work of the CLC.

Building Safety Regulator / GOV.UK Resources
Title	Descriptor
The Building Safety Regulations	Summary of building safety secondary legislation.
Building Regulations – Approved Documents	Compilation of individual Approved Documents in a searchable document.
The criteria for being a Higher-Risk Building	Guidance on the criteria for being a HRB.
Building Control Approval for Higher-Risk Building work	BSR Microsite – provides up to date information including Frequently Asked Questions and additional resources on the Building Control Approval process for HRBs.
Planning Gateway One	Planning portal and guidance on Planning Gateway One (PG0).
Building Control Approval for Higher-Risk Buildings	How to apply for Building Control Approval from the BSR to construct, or carry out building work on a HRB.
Preparing information for a Building Control Approval application	The information an applicant must submit to the BSR when you apply to construct, or carry out building work on a HRB.
Submit and manage a Building Control Application for a Higher-Risk Building	BSR online portal to apply for and manage Building Control applications for HRBs in England.
Regulating Higher-Risk Buildings in England	Update from the BSR on the Building Control Approval process including information on common issues found in applications.
Contact the Building Safety Regulator	How to contact the BSR to ask a question on specific topics or make a complaint.
Registered Building Inspectors	Search for Registered Building Inspectors in England.
Appeals	Details on how to appeal if a project should not have to comply with Building Regulations and how to request a ‘determination’ if refused building regulations approval.
Building Control Approval application data	Building Safety Regulator Building Control Approval application data for Higher-Risk Buildings in England. Data updated quarterly.

CLC Resources
Title	Descriptor
The Building Safety Regime for a new Higher-Risk Building	Summary process map of the building safety regime process for a Building Control Approval Application for a new Higher-Risk Building.
Building Control Approval Application for a new Higher-Risk Building (Gateway 2)	Guidance suite on baseline principles for those submitting and assessing applications. Includes guidance on Approval with Requirements, Document Management and Submission, use of a Project Brief and use of an Application Strategy.
BS 9991:2024 – Fire Safety in the Design, Management and use of Residential Buildings. Code of Practice	CLC Advisory Note on BS 9991:2024 – Fire Safety in the Design, Management and use of Residential Buildings. Code of Practice – March 2025.
Key points for a Building Control application	CLC summary guide on key points from the BSR to help an applicant develop a high-quality Building Control application.
Delivering the Golden Thread	CLC guide for dutyholders and accountable persons on delivering the golden thread.
Delivering the Golden Thread Summary	CLC summary guide on delivering the golden thread.

Other Industry Resources
Title	Descriptor
Building Safety Regime	Build UK summary guide to the new building safety regime.
Validation of Applications for Building Control Approval	Build UK overview guide of the validation stage and the documents that must be included in applications for Building Control Approval.
Gateway 3: Applying for a Completion Certificate	Build UK guide to Gateway 3 and the information that must be included in an application for a Higher-Risk Building Completion Certificate.
Gateway 2: Reasons for Rejection	Build UK guide collates feedback received from the BSR on the reasons why applications have been rejected for not complying with the Building Regulations.
Mandatory Occurrence Reporting during construction	Build guide to Mandatory Occurrence Reporting during the construction of a Higher-Risk Building.